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General Terms and Conditions & Information on Data Protection & Cancellation Policy & Cancellation Form
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Table of Contents
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A. General Terms and Conditions
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1. Scope
2. Conclusion of Contract
3. Right of Cancellation
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Grant of Rights of Use for Digital Content
7. Retention of Title
8. Liability for Defects
9. Applicable Law
10. Alternative Dispute Resolution
B. Data Protection Information
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1. Information on the collection of personal data and contact details of the controller
2. Contacting Us
3. Data processing for order processing
4. Rights of the data subject
5. Duration of storage of personal data
6. Reference to the Etsy Privacy Policy
C. Cancellation Policy
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1. Introduction
2. Right of Cancellation
3. Consequences of Cancellation
4. Exclusion or premature expiry of the right of cancellation
D. Cancellation Form
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A. General Terms and Conditions
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1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Madeleine Siegel, trading under "Cuties Craft" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller on the online trading platform Etsy (hereinafter "Etsy"). The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data created and provided in digital form.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.4 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 By listing an item on Etsy, the seller makes a binding offer to sell this item.
2.2 The customer can accept the seller's offer via the online order form provided by Etsy. To do so, the customer must first place the desired item in the virtual shopping cart on Etsy and then complete the ordering steps specified by Etsy. By clicking the button that concludes the ordering process, the customer declares acceptance of the offer, thereby concluding a purchase contract for the goods previously selected by the customer.
2.3 The contract text will be saved by the Seller and sent to the Customer after conclusion of the contract, along with these General Terms and Conditions and customer information, in text form (e.g., by email, fax, or letter). The Seller itself will not make the contract text available beyond this.
2.4 Before submitting the order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries before submitting the order using the usual keyboard and mouse functions during the electronic ordering process.
2.5 German is available for the conclusion of the contract.
2.6 The following languages are also available for the conclusion of the contract:
- English
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. VAT is not charged, as the Seller is exempt from VAT as a small business. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 RIGHT OF OBJECTION
If, as part of a balancing of interests, we process your personal data based on our overriding legitimate interest, you have the right to object to this processing at any time, with effect for the future, for reasons arising from your particular situation.
If you exercise your right of objection, we will stop processing the data in question. However, we reserve the right to further process your data if we can demonstrate compelling legitimate grounds for the processing that override your interests, fundamental rights, and fundamental freedoms, or if the processing serves to assert, exercise, or defend legal claims.
If your personal data is processed by us for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing purposes. You can exercise your right of objection as described above.
IF YOU EXERCISE YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
5) Duration of storage of personal data
The duration of storage of personal data is determined by the respective legal basis, the purpose of processing, and – where applicable – also by the respective statutory retention period (e.g., retention periods under commercial and tax law).
When personal data is processed on the basis of express consent in accordance with Art. 6 (1) (a) GDPR, the data concerned will be stored until you revoke your consent.
If statutory retention periods exist for data processed within the framework of legal or quasi-legal obligations based on Art. 6 (1) (b) GDPR, these data will be routinely deleted after the retention periods have expired, provided they are no longer required to fulfill or initiate a contract and/or we no longer have a legitimate interest in continuing to store them.
If personal data is processed on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) (f) GDPR, these data will be stored until you exercise your right of objection in accordance with Art. 21 (2) GDPR.
Unless otherwise stated in the other information in this statement regarding specific processing situations, stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
6) Reference to the Etsy Privacy Policy
The Etsy platform is responsible for all further data processing beyond that described above. Further information on Etsy's data protection can be found in Etsy's privacy policy: etsy.com/de/legal/privacy/?ref=ftr
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C. Cancellation Policy
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Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
For contracts for the delivery of goods, the withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
For contracts for the delivery of data not stored on a physical storage medium, which is produced and provided in digital form (digital content), the withdrawal period shall be fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must notify us (Madeleine Siegel, Cuties Craft, Kölnstraße 125, 50321 Brühl, Germany, Tel.: +4915734666782, Email: maggi.siegel@gmx.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send your notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
For contracts for the delivery of goods, we may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than twenty-one days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the twenty-one-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.
Exclusion or premature expiration of the right of withdrawal
The right of withdrawal expires prematurely for contracts for the provision of digital content if we have begun to fulfill the contract after you have expressly agreed that we may begin fulfilling the contract before the expiry of the withdrawal period, you have confirmed to us that you are aware that by giving your consent you will lose your right of withdrawal upon commencement of contract fulfillment, and we have provided you with a confirmation of the contract on a durable medium, which sets out the contract content, including the aforementioned conditions for premature expiration of the right of withdrawal.
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D. Cancellation Form
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If you wish to cancel the contract, please fill out this form and return it.
To
Madeleine Siegel
Cuties Craft
Kölnstraße 125
50321 Brühl
Germany
Email: maggi.siegel@gmx.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
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Ordered on (*) ____________ / received on (*) __________________
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Name of consumer(s)
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Address of consumer(s)
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Signature of consumer(s) (only for notification on paper)
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Date
(*) Delete as applicable
Copyright notice: These terms and conditions were prepared by the specialist lawyers of the IT law firm and are protected by copyright (https://www.it-recht-kanzlei.de)
Status: 01.08.2025, 16:15:08
